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The Kenya National Commission on Human Rights (KNCHR) is a constitutional body established under Article 59 of the Constitution of Kenya and Section 3 of the Kenya National Commission on Human Rights Act No 14 of 2011 (revised) 2012. It has the core mandate to develop a culture of Human Rights through the promotion and protection of rights and fundamental freedoms in the Republic of Kenya.
The Kenya National Commission on Human Rights (KNCHR) is an independent National Human Rights Institution created under Article 59 of the Constitution of Kenya 2010 and established by the Government of Kenya through an Act of Parliament (the Kenya National Commission on Human Rights Act, 2011) and in accordance with the United Nations Principles relating to the Status of National Institutions (Paris Principles). KNCHR’s mandate includes furthering the protection and promotion of human rights in Kenya, acting as a watchdog over the Government in the area of human rights, and the provision of Leadership in moving the country towards a human rights respecting state. KNCHR fulfils its human rights mandate through five Directorates including: Complaints and Investigations, Research, Advocacy and Outreach, Legal Services, Regional Services and Corporate Services. The Commission has offices in Nairobi, Wajir, Kitale, Mombasa, Kisumu and Nyahururu.
KNCHR hereby invites applications for the following positions:
CONSULTANCY SERVICES FOR A PUBLIC INQUIRY ON THE IMPACT OF BUSINESS OPERATIONS ON THE RIGHTS OF INDIGENOUS PEOPLE– Open
TERMS OF REFERENCE
Background
The Kenya National Commission on Human Rights (KNCHR) is a Constitutional Commission established in August 2011 with the mandate to promote a culture of human rights in the Republic of Kenya. The Commission’s key mandate is entrenched in Section 8 of the KNCHR Act 2011 (Revised 2012) which details the functions of the Commission including: to promote the protection and observance of human rights in private and public institutions; to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic and to act as the principal organ of State in ensuring compliance with obligations under international and regional treaties and conventions relating to human rights.
The government of Kenya through the office of the Attorney General and Department of Justice jointly with KNCHR, undertook the development of the National Action Plan (NAP) on Business and Human Rights to domesticate/operationalize the United Nations Guiding Principles on Business and Human Rights. The National Action Plan provides for access to remedy for all business related violations. Indigenous communities across the globe have endured centuries of marginalization, discrimination, and dispossession, making it difficult for them to claim their rights.1
There exists a wide array of international safeguards, policies, and guidelines about business and the rights of indigenous peoples. These encompass the International Finance Corporation’s (IFC) Performance Standard No. 7 on Indigenous Peoples, the World Bank’s Environmental and Social Safeguard on “Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities”, as well as numerous thematic and industry-specific guidelines and policies, such as the Indigenous Peoples
1 James Anaya, ‘Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people’ (2010) A/HRC/15/37/Add.1.
Policy of the Green Climate Fund and the Indigenous Peoples Position Statement of the International Council on Mining and Metals.
The project description:
The KNCHR proposes to hold a Public Inquiry on the Impact of Business Operations on the Rights of Indigenous People in Kenya. In undertaking, the Inquiry KNCHR will hold public inquiries and investigative hearings on systemic human rights violations against Indigenous People and other vulnerable groups affected by business activities. The Inquiry seeks to achieve the following objectives:-
1. To determine the causes of insecurity and the human rights violations
2. To provide the people affected by business operations an opportunity to express their opinions and describe their experiences.
3. To raise public awareness and promote public discourse on the obligations of the State in the protection of human rights and the Corporate Responsibility to respect human rights.
4. To make multi-sectorial recommendations towards appropriate redress-perpetrator accountability and victim relief.
5. To make recommendations on enhanced protection of Indigenous People from business related human rights violations/adverse impact
The Assignment
The KNCHR is looking for a Consultant to render advisory services and support the Inquiry sessions, gathering and analysis of evidence, design of recommendations towards enhancing corporate respect for human rights of Indigenous People.
The objective is to conduct a comprehensive Public Inquiry to systematically assess and document the specific ways in which business activities contribute to human rights violations against Indigenous People in Kenya. This will include gathering evidence from stakeholders and producing a detailed report with evidence-based recommendations to enhance corporate respect for the human rights of indigenous peoples.
Specific objectives include:
1) Identify and categorize types of business activities operating in lands occupied by Indigenous People in Kenya , using a combination of field surveys and secondary data analysis.
2) Identify patterns and trends of human rights abuses against Indigenous People over the last five years, drawing from case studies and incidents reported.
3) Produce a comprehensive analysis of the specific human rights relevant to Indigenous People, detailing the impact of business operations on these rights through documented case evaluations.
4) Assess the effectiveness of existing legal frameworks and policies in protecting the human rights of Indigenous Peoples in the context of business activities, including a review of key legal documents and policies, and interviewing experts in the field.
5) Analyze the role of government institutions, businesses, and Civil Society Organizations in addressing human rights concerns related to Indigenous People.
6) Develop and publish a set of at actionable recommendations for legal reforms, policy changes, corporate accountability measures, and community empowerment initiatives aimed at addressing systemic human rights violations and preventing future abuses, based on consultations with stakeholders
DUTIES AND RESPONSIBILITIES OF THE CONSULTANT
The Consultant’s duties and responsibilities will include:
• Development of an Inception report detailing methodology, timelines and budget. All should clearly depict consultant’s understanding of the assignment;
• Jointly with the KNCHR develop a comprehensive roadmap from start to completion of the Inquiry, methodology and timelines
• Jointly with the KNCHR team, operationalize the road map to deliver the objectives of the Public Inquiry
• To map out the indigenous communities in Kenya where business impacts have manifested or where there is identified potential for business related impacts
• From the mapping of indigenous communities and issues, work together with the KNCHR team a practical scope of the Inquiry
• Facilitate development of relevant data collection tools for the Inquiry
• Documentation of best practices by businesses, if any
• Documentation of human rights issues including natural resources extraction such as renewable energy deployments, minerals, carbon trading and conservation
• Undertake report writing of the Inquiry and ensure submission within the stipulated timeframe.
• Facilitate validation of the draft Report with stakeholders and incorporate relevant inputs into the Report.
• Submit a final report incorporating inputs of the internal validation. This will be expected within not more than one month after the validation meeting.
• Submit a final report upon validation and approval by the KNCHR
• Any other task(s) related to fulfilling the objectives of the assignment.
DURATION
The consultancy will run for a period of Ninety (60) days from 2nd June 2024.
Reporting and Coordination: The Consultant(s) will work closely with the ECOSOC Division of the KNCHR to ensure quality and timely delivery on the expected deliverables with accountabilities to the Secretary of the Commission.
Budget: The budget for the Inquiry should include all relevant costs, including professional fees (consulting team as well as local staff where applicable, travel, local transport, accommodation among others. All the payments shall be done upon successful finalization of the assignment and submission of the final accepted Inquiry Report.
REQUIREMENTS
The consultant(s) should possess the following skills, qualifications and experiences:
Education
• Bachelor’s Degree in Law, Political Science, Commerce or related discipline from a university recognized in Kenya.
• A Master’s degree or additional studies in Indigenous Peoples’ Rights or Human Rights will be an added advantage.
Experience
• Minimum of 10 years of relevant work experience in Human Rights
• Proven experience in the conduct of Public Inquiries /nation-wide research
• Demonstrable understanding of Business and Human Rights
• Demonstrable understanding of the rights of Indigenous People
Technical competencies
• Excellent organizational, interpersonal and communication skills.
• Excellent work ethic founded on the principles of integrity, impartiality, and confidentiality.
• Professionalism in the process of engaging stakeholders.
Interested Candidates should submit their expression of interest with the subject
“CONSULTANCY SERVICES FOR THE PUBLIC INQUIRY ON THE IMPACT OF BUSINESS OPERATIONS ON THE RIGHTS OF INDIGENOUS PEOPLE” to
[email protected] with a copy to [email protected] not later than 17th May 2024.
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